Hlaudi Motsoeneng. Picture: MARTIN RHODES
Hlaudi Motsoeneng. Picture: MARTIN RHODES

SOUTH African Broadcasting Corporation (SABC) chief operating officer Hlaudi Motsoeneng and former SABC chairwoman Ellen Tshabalala continue to have their legal fees paid for by the state broadcaster at public expense, the Democratic Alliance (DA) said on Monday.

This is despite Mr Motsoeneng’s own indication that he may take his challenge against adverse findings from the Public Protector all the way to the Constitutional Court.

Replies to DA questions in Parliament indicate the SABC has submitted a claim to its insurance company for Mr Motsoeneng’s and Ms Tshabalala’s legal fees. In other words, the public was footing the bill for hiked insurance premiums, said DA communications spokesman Gavin Davis in a statement on Monday.

In reply to two questions, the Department of Communications indicated both the King 3 report on corporate governance and the 2008 Companies Act had "rendered directors’ and officers’ liability insurance crucial for all companies regardless of (the) size of incorporation".

No indications of legal cost were given.

Both Mr Motsoeneng and Ms Tshabalala have been accused of misrepresenting their qualifications.

Mr Motsoeneng is currently appealing a High Court judgment ordering the SABC to discipline him in line with a 2014 Public Protector report that found he lied about possessing a matric certificate and unilaterally hiked his own salary. Ms Tshabalala resigned in December after it emerged the University of SA (Unisa) had no record of her claimed qualifications — but this followed a series of court battles.

Mr Davis said on Monday that such payments were both "morally unjustifiable" and that "there are serious question marks over the legality of the SABC’s decision to indemnify them from paying".

The DA would call for Communications Minister Faith Muthambi to appear before the portfolio committee on communication to explain the SABC’s contravention of its own regulations in relation to these legal expenses or exercise her rights as a shareholder to recover the expenses to the public, the statement read.